HB-4577, As Passed House, October 20, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4577

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 312f (MCL 257.312f), as amended by 2015 PA 11.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 312f. (1) Except as otherwise provided in this section, a

person shall be not less than 18 years of age before he or she is

issued a vehicle group designation or indorsement, other than a

motorcycle indorsement, or not less than 21 years of age and has

been approved by the ~~transportation security administration~~

Transportation Security Administration for a hazardous material

endorsement before he or she is issued a hazardous material

indorsement on an operator's or chauffeur's license and, as

provided in this section, the person shall pass knowledge and

driving skills tests that comply with minimum federal standards

prescribed in 49 CFR part 383. The knowledge and skills test scores

shall be retained by the secretary of state as provided under 49

CFR 383.135. A person who is 18 years of age or older operating a

vehicle to be used for farming purposes only may obtain an A or B

vehicle group designation or an F vehicle indorsement. Each written

examination given an applicant for a vehicle group designation or

indorsement shall include subjects designed to cover the type or

general class of vehicle to be operated. Except as follows, a

person shall pass an examination that includes a driving skills

test designed to test competency of the applicant for an original

vehicle group designation and passenger indorsement on an

operator's or chauffeur's license to drive that type or general

class of vehicle upon the highways of this state with safety to

persons and property:

(a) The secretary of state shall waive the driving skills test

for a person operating a vehicle that is used under the conditions

described in section 312e(8)(a) to (d) unless the vehicle has a

gross vehicle weight rating of 26,001 pounds or more on the power

unit and is to be used to carry hazardous materials on which a

placard is required under 49 CFR parts 100 to 199.

(b) The driving skills test may be waived if the applicant has

a valid license with the appropriate vehicle group designation,

passenger vehicle indorsement, or school bus indorsement in another

state issued in compliance with 49 USC 31301 to 31317, or if the

person successfully passes a driving skills test administered in

another state that meets the requirements of federal law and the

law of this state.

required under this section for a person with military commercial

motor vehicle experience if the person, at the time of application,

certifies and provides evidence satisfactory to the secretary of

state that he or she continuously met all of the requirements under

49 CFR 383 during the 2-year period immediately preceding the date

of application for the commercial driver license.

(2) Except for a person who has held an operator's or

chauffeur's license for less than 1 year, the secretary of state

shall waive the knowledge test and the driving skills test and

issue a 1-year seasonal restricted vehicle group designation to an

otherwise qualified applicant to operate a group B or a group C

vehicle for a farm related service industry if all of the following

conditions are met:

(a) The applicant meets the requirements of 49 CFR 383.77.

(b) The seasons for which the seasonal restricted vehicle

group designation is issued are from April 2 to June 30 and from

September 2 to November 30 only of a 12-month period or, at the

option of the applicant, for not more than 180 days from the date

of issuance in a 12-month period.

restricted vehicle group designation is issued shall be operated

only if all the following conditions are met:

(i) The commercial motor vehicle is operated only on routes

within 150 miles from the place of business to the farm or farms

being served.

(ii) The commercial motor vehicle does not transport a

quantity of hazardous materials on which a placard under 49 CFR

parts 100 to 199 is required except for the following:

(A) Diesel motor fuel in quantities of 1,000 gallons or less.

(B) Liquid fertilizers in quantities of 3,000 gallons or less.

organic substance.

(iii) The commercial motor vehicle does not require the H, N,

P, S, T, or X vehicle indorsement.

(3) A seasonal restricted vehicle group designation under this

section shall be issued, suspended, revoked, canceled, denied, or

renewed in accordance with this act. The secretary of state may

renew a seasonal restricted vehicle group designation 1 time per

calendar year regardless of whether the seasonal restricted vehicle

group designation is expired at the time of renewal.

(4) The secretary of state may enter into an agreement with

another public or private corporation or agency to conduct a

driving skills test required under this section, section 312e, or

49 CFR part 383. Before the secretary of state authorizes a person

to administer a corporation's or agency's driver skills testing

operations or authorizes an examiner to conduct a driving skills

test, that person or examiner must complete both a state and

Federal Bureau of Investigation fingerprint based criminal history

check through the department of state police.

(5) The secretary of state shall not issue a commercial

learner's permit, a vehicle group designation, or a vehicle

indorsement to an applicant for an original vehicle group

designation or vehicle indorsement under section 312e or may cancel

a commercial learner's permit or all vehicle group designations or

endorsements on a person's operator's or chauffeur's license to

whom 1 or more of the following apply:

(a) The applicant has had his or her license suspended or

revoked for a reason other than as provided in section 321a, 515,

732a, or 801c or section 30 of the support and parenting time

enforcement act, 1982 PA 295, MCL 552.630, in the 36 months

immediately preceding application. However, a vehicle group

designation may be issued if the suspension or revocation was due

to a temporary medical condition or failure to appear at a

reexamination as provided in section 320.

(b) The applicant was convicted of or incurred a bond

forfeiture in relation to a 6-point violation as provided in

section 320a in the 24 months immediately preceding application if

the violation occurred while the applicant was operating a

commercial motor vehicle, or a violation of section 625(3) or

former section 625b, or a local ordinance substantially

corresponding to section 625(3) or former section 625b in the 24

months immediately preceding application, if the applicant was

operating any type of motor vehicle.

the commercial ~~driver~~ driver's license information system, or the

driving records of the state in which the applicant was previously

licensed as being disqualified from operating a commercial motor

vehicle or as having a license or driving privilege suspended,

revoked, canceled, or denied.

(d) The applicant is listed on the national driver register,

the commercial ~~driver~~ driver's license information system, or the

driving records of the state in which the applicant was previously

licensed as having had a license suspended, revoked, or canceled in

the 36 months immediately preceding application if a suspension or

revocation would have been imposed under this act had the applicant

been licensed in this state in the original instance. This

subdivision does not apply to a suspension or revocation that would

have been imposed due to a temporary medical condition or under

section 321a, 515, 732a, or 801c or section 30 of the support and

parenting time enforcement act, 1982 PA 295, MCL 552.630.

(e) The applicant is subject to a suspension or revocation

under section 319b or would have been subject to a suspension or

revocation under section 319b if the applicant had been issued a

vehicle group designation or vehicle indorsement.

(f) The applicant has been disqualified from operating a

commercial motor vehicle under 49 USC 31301 to 31317 or the

applicant's license to operate a commercial motor vehicle has been

suspended, revoked, denied, or canceled within 36 months

immediately preceding the date of application.

(g) The United States Secretary of Transportation has

disqualified the applicant from operating a commercial motor

vehicle.

(h) The applicant fails to satisfy the federal regulations

promulgated under 49 CFR parts 383 and 391 by refusing to certify

the type of commercial motor vehicle operation the applicant

intends to perform and fails to present valid medical certification

to the secretary of state if required to do so.

(i) The applicant has been disqualified from operating a

commercial motor vehicle due to improper or fraudulent testing.

(j) If the secretary of state determines through a

governmental investigation that there is reason to believe that a

commercial driver license or endorsement was issued as a result of

fraudulent or improper conduct in taking a knowledge test or

driving skills test required under 49 CFR 383, the secretary of

state shall require the applicant to retake and successfully pass

that test. The secretary of state shall cancel any commercial

driver license or endorsement issued as a result of the suspect

test unless the applicant retakes and passes that test.

(6) The secretary of state shall not renew or upgrade a

vehicle group designation if 1 or more of the following conditions

exist:

(a) The United States Secretary of Transportation has

disqualified the applicant from operating a commercial motor

vehicle.

(b) The applicant is listed on the national driver register or

the commercial ~~driver~~ driver's license information system as being

disqualified from operating a commercial motor vehicle or as having

a driver license or driving privilege suspended, revoked, canceled,

or denied.

the requirements of 49 CFR parts 383 and 391 by refusing to certify

the type of commercial motor vehicle operation the applicant

intends to perform and fails to present medical certification to

the secretary of state if required to do so.

(7) The secretary of state shall only consider bond

forfeitures under subsection (5)(b) for violations that occurred on

or after January 1, 1990 when determining the applicability of

subsection (5).

(8) If an applicant for an original vehicle group designation

was previously licensed in another jurisdiction, the secretary of

state shall request a copy of the applicant's driving record from

that jurisdiction. If 1 or more of the conditions described in

subsection (5) exist in that jurisdiction when the secretary of

state receives the copy, the secretary of state shall cancel all

vehicle group designations on the person's operator's or

chauffeur's license.

(9) The secretary of state shall cancel all vehicle group

designations on a person's operator's or chauffeur's license upon

receiving notice from the United States Secretary of

Transportation, the national driver register, the commercial ~~driver~~

driver's license information system, or another state or

jurisdiction that 1 or more of the conditions described in

subsection (5) existed at the time of the person's application in

this state.

(10) The secretary of state shall cancel all vehicle group

designations on the person's operator's or chauffeur's license upon

receiving proper notice that the person no longer meets the federal

driver qualification requirements under 49 CFR parts 383 and 391 to

operate a commercial motor vehicle in interstate or intrastate

commerce, or the person no longer meets the driver qualification

requirements to operate a commercial motor vehicle in intrastate

commerce under the motor carrier safety act of 1963, 1963 PA 181,

MCL 480.11 to 480.25.

(11) Subsection (5)(a), (b), (d), and (f) does not apply to an

applicant for an original vehicle group designation who at the time

of application has a valid license to operate a commercial motor

vehicle issued by any state in compliance with 49 USC 31301 to

31317.

(12) As used in this section, "farm related service industry"

means custom harvesters, farm retail outlets and suppliers, agri-

chemical business, or livestock feeders.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.